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Singapore Court of Appeal confirms that the parties’ intention to Arbitrate should not be given effect “at all costs”
In BNA v BNB and Anor 2019 SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that
Arbitration. Class Action. Second Circuit holds that an arbitrator's determination of class arbitrability binds even non-party class members who did not affirmatively opt in to the arbitration proceeding.
In 2008, the lead plaintiff filed the underlying lawsuit, alleging that Sterling Jewelers Inc. ("Sterling") paid her and other female employees less
Federal Appeals Court Vacates Arbitration Award, Concluding Arbitrator Issued Own “Brand of Industrial Justice”
In the field of labor relations, there exist some rare occurrences, things that happen so seldom that it seems as if they are impossible. As we’ve
Asters wins Stockholm arbitration over crypto mining equipment for ASK Technology Limited
Asters successfully represented ASK Technology Limited, a leading Hong Kong manufacturer of multi-GPU systems for mining, rendering and AI, in a
5th Cir. Reverses Denial of Motion to Compel Arbitration in TILA Case
The U.S. Court of Appeals for the Fifth Circuit recently reversed the denial of a lender’s motion to compel arbitration in an adversary bankruptcy
The United States and China Sign “Phase One” Trade Agreement
On January 15, 2020, after two years of negotiations and retaliatory measures in a tariff trade war, the United States and China signed a “phase one”
Supreme Court takes strict stance on conflict of interest
The Supreme Court recently considered whether the fact that an arbitrator and a party counsel in one arbitration acted as co-counsel in another
Arbitration. Timeliness of Petition to Vacate Award. Confirmation of Award. District court orders that time to file petition runs from entry of final award, not partial award that included the liability finding, and confirms award where tribe failed to carry heavy burden of establishing that arbitral award was in manifest disregard of the law.
In 2002, the Seneca Nation of Indians (the "Nation") and the State of New York ("New York") entered a compact stating the terms and conditions under
Arbitration. Injunction. District court orders Mexican bank to withdraw ex parte order from Mexican court barring Deutsche Bank from selling its Mexican subsidiaries
Facing pressure from Mexican regulatory authorities to sell its Mexican assets, Deutsche Mexico Holdings S.A.R.L. ("Deutsche Mexico") entered into a
Arbitration. Vacatur of Award. Arbitrator Partiality. Ninth Circuit vacates arbitration award based on later-discovered information that created a reasonable impression of arbitrator bias.
The arbitration giving rise to this case arose out of a dispute between Monster Energy Company ("Monster") and Olympic Eagle Distributing ("Olympic
Crossing swords with your ex
In a move which mirrors Game of Thrones, an American man has filed papers with his local court asking that his ongoing legal dispute with his wife be
5 Key Trends In Workplace Class Action Litigation For 2019: The Impact Of U.S. Supreme Court Rulings
Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court
Arbitration. Enforcement of Award. Forum Non Conveniens. District court refuses to dismiss petition to confirm arbitral award on forum non conveniens grounds where the foreign entity mighteven in the futurehold property in the United States.
A dispute arose out of a 1999 contract between Entes Industrial Plants, Construction and Erection Contracting Co, Inc. ("Entes") and the Ministry of
Update on the TRO Issued in the Case Involving California’s AB 51 Anti-Arbitration Law
On Jan. 10, 2020 Chief District Judge Kimberly J. Mueller further defined the scope, issues and duration of the Temporary Restraining Order (TRO) she
Workplace Transparency Act Creates 2020 To-do List for Illinois Employers
2019 was a busy legislative year in Illinois with many new compliance obligations for employers in the New Year. Topping the list for Illinois
School no excuse for excessive absenteeism: arbitrator rules in upholding termination
In a recent arbitration decision (Teamsters, Local Union 847 v Maple Leaf Sports and Entertainment), the arbitrator upheld the termination of a
Ex parte communications between party-appointed arbitrator and counsel not necessarily indicative of lack of impartiality and independence (Swiss Supreme Court)
In Decision 4A_2922019, the Swiss Supreme Court rejected a challenge to annul an award made on the basis that the Arbitral Tribunal was irregularly
US Employment Law Digest
2019 kept US employers on their toes. From intensifying scrutiny of independent contractor relationships, data privacy changes, and hostility to
TRO Blocks State of California From Enforcing New Arbitration Law
U.S. District Judge Kimberly Mueller, in Sacramento on December 30, 2019, issued a temporary restraining order (TRO) blocking the state of
Arbitration Case Law Update: Court of Appeal Reinforces Court's Supervisory Jurisdiction
Arbitration case law update: Court of Appeal reinforces court’s supervisory jurisdiction Minister of Finance (Incorporated), 1 Malaysia Development
California’s mandatory arbitration ban on hold - at least for now
A District Court Judge has extended the injunction on the enforcement of AB-51, California's recently enacted ban on mandatory arbitration agreements
Swiss Supreme Court partially sets aside ICC award on grounds of extra petita
In a recently published German-language decision, the Swiss Supreme Court partially granted the parties' respective applications to set aside an
Thoughts for the new decade: smart contracts, blockchain and construction dispute resolution
At the start of a new decade where automated, self-executing smart contracts are likely to become more commonplace, perhaps also in the construction
To Discipline Or Not To Discipline: It’s The Employer’s Prerogative
Several arbitration awards in the last few years have discussed the difference between discipline and Administrative Measures. The Quebec Court of
Engage emotional intelligence
Construction disputes often involve complex facts and law. The potential commercial effects of such disputes can put jobs, reputations and profit
Appealing an Arbitral Award? The BC Court of Appeal sheds light on what constitutes a question of law and a breach of natural justice
In MSI Methylation Sciences, Inc. v Quark Venture Inc, 2019 BCCA 448, the Court of Appeal for British Columbia recently clarified the Court’s
California Court Extends TRO Against Arbitration Law
California’s law against arbitration remains in doubt after Eastern District Judge Kimberly Mueller extended the TRO issued on December 31
Foster Garvey Files Opposition to Cert Petition
On December 23, 2019, Foster Garvey and co-counsel Maynard Cooper & Gale, PC, filed a Brief in Opposition to a petition for a writ of certiorari with
Mandatory Arbitration for Benefit Plan Documents - Prudent or Problematic?
In Dorman v. Charles Schwab Corp., the Ninth Circuit held that an ERISA plan document that included a mandatory individual arbitration provision
Federal Judge Rejects Amended Complaint in Ohio State Sexual Assault Case
A federal judge overseeing a sexual assault lawsuit against The Ohio State University (OSU) has denied the plaintiffs’ motion to amend the complaint